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2026 DAILYLAW 12922 (RAJ)

SAMPATSINGH S/O BADANSINGH v. STATE OF RAJASTHAN

SOSR/357/2026 · 2026-08-19

Vinod Kumar Bharwani

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:33165] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.357/2026 In S.B. Criminal Revision Petition No. 1318/2026 CNR: RJHC020657502026 | URN: CRLR / 2403U / 2026 Sampatsingh S/o Badansingh, Aged About 33 Years, Resident Of Nagla, Khadiyapura, Police Station Uchchain, Distt. Bharatpur. ( Petitioner Presently Confined In Central Jail Bharatpur) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Vijendra Yadav For Respondent(s) : Mr. Gaurav Gupta, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 19/08/2026 This application for suspension of sentence has been filed by the applicant-petitioner alongwith the revision petition. Learned counsel for the applicant-petitioner submits that the applicant-petitioner has been convicted by the learned Trial Court for the alleged offence(s) and sentenced with a maximum period of two years simple imprisonment along with fine as per judgment dated 22.02.2023. Counsel further submits that the applicant- petitioner has also filed an appeal before the learned Appellate Court wherein the sentence awarded by the learned Trial Court under Section 338 of the IPC was modified to the extent of fine reducing from Rs. 1,000/- to Rs. 500/-, vide its order dated 04.07.2026. Counsel has annexed the Certificate under Rule 311 [2026:RJ-JP:33165] (2 of 2) [SOSR-357/2026] of High Court Rules, 1952 to the effect that the applicant is behind the bars since 04.07.2026. Counsel also submits that the learned Trial Court has not appreciated the facts & circumstances of the case holistically and the hearing of the revision petition will take its own time, hence, the sentence awarded to the applicant- petitioner may be suspended during the pendency of the revision petition. Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence. Looking to the term of sentence, without commenting upon the merits of the case and considering the submissions made at bar, this Court deems it just and proper to suspend the sentence awarded to the applicant-petitioner. Accordingly, this application for suspension of sentence, is allowed and it is hereby ordered that the execution of sentence awarded to the applicant-petitioner, namely Sampatsingh S/o Badansingh, by the Trial Court vide judgment dated 22.02.2023 and the Appellate Court vide order dated 04.07.2026 shall remain suspended during the pendency of the revision petition, provided he furnishes a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court with the stipulation that he shall appear before this Court on 18.09.2026 and thereafter, as and when he is called upon to do so. (VINOD KUMAR BHARWANI),J 14/SAURABH